Handing over keys and signing a record do not constitute a sale, permission to drive or exclusion of the vehicle from the debtor’s assets.
For an individual debtor, creditor or prospective custodian, concerning an individual’s car during court asset realisation. Primary law checked on 25 October 2026: Civil Code Articles 886, 887, 892 and 900, and Bankruptcy Law Article 213.25(5). Future amendments are not applied.
⚖️ Check authority before arranging custody
Article 886 requires the custodian to keep the delivered item safe and return it. Calling an agreement “responsible safekeeping” does not create a special protection from creditors. Placing a debtor’s vehicle with someone else does not itself change ownership or the basis for including it in the estate.
During asset realisation, the financial administrator exercises rights over estate property on the individual’s behalf. Article 213.25(5) prevents the individual from personally making transactions concerning that property without the administrator’s participation; claims under such personal transactions cannot be satisfied from the estate. The debtor therefore should not independently appoint a paid custodian and promise payment from procedure funds.
🔎 Debtor
Disclose the actual location, condition, keys and documents. Send a custody proposal to the administrator before delivery.
📁 Creditor
Request the basis of delivery, location, handover record and charges. Keep safekeeping separate from the sale dispute.
🔑 Custodian
Check the authority of the person delivering the car and the recipient on return. An owner’s signature alone does not displace procedural restrictions.
Whether the car may be sold or benefits from an enforcement exemption is a separate issue: see a car in personal bankruptcy. A custody agreement does not itself provide that exemption.
📋 Review the terms and supporting records
Article 887 governs written form. Among other cases, agreements between individuals require writing where the item is worth over RUB 10,000; an obligation to accept an item in the future requires writing regardless of the parties or value. Acceptance may be evidenced by a document signed by the custodian. For a car in the procedure, a written agreement and detailed handover record are sensible, rather than a message simply saying “keys received”.
| Area | Record | Supporting evidence |
|---|---|---|
| Vehicle | VIN, make, model, registration number and equipment | Registration documents and an identifiable handover record |
| Condition | Mileage, damage, removed parts, fuel and number of keys | Dated photographs and a bilateral record |
| Location and access | Site address, contact, inspection and movement arrangements | Agreement, responsible person’s contact and access correspondence |
| Price and period | Paid or free custody, charging unit, start and end of accrual | Agreed terms and calculation without duplicated services |
| Release | Who instructs release, who collects and which documents are required | Authority, written instruction and return record |
This is a practical review matrix, not a list of essential terms required for every custody contract. Address towing, security, technical preservation work and damage notification separately. Do not record imaginary defects or documents that were never handed over.
🚗 Does custody allow driving?
Under Article 892, the custodian may not use the item or let others use it without the depositor’s consent. The exception concerns use necessary to preserve the item that does not conflict with the agreement. A personal trip does not become authorised merely because the custodian holds the keys.
🧮 Check charges without promising estate payment
An illustrative agreement charges RUB 300 for each of ten agreed days: 300 × 10 = RUB 3,000. This is arithmetic, not a market quotation or a conclusion that the estate must pay. Compare the first and last charging days, extra services and any advance with the agreed terms.
Request the agreement, acceptance record, evidence of the period, return record, invoices and payment information. Establish the basis for appointing the custodian and who is to pay. A late invoice alone does not prove that charges were authorised or reasonable.
↩️ Compare the returning car by the same VIN
Article 900 provides for return of the same item to the depositor or their designated recipient, allowing for natural changes in condition. In this procedure, verify the authority of the person instructing release. Compare the return record with the original: VIN, mileage, damage, equipment, keys and documents.
Working request about custody arrangements
“In case No. …, vehicle …, VIN …, is located at … . Please explain the basis for delivery, on whose behalf the agreement was made, the storage address and conditions, and inspection and return arrangements. Please provide the agreement, acceptance record with photographs and calculation for … reflecting payments. The discrepancy identified is … . My status and authority are evidenced by … .”
Use known circumstances and a specific request. A court filing separately requires the appropriate procedural relief and supporting evidence.
- Keep the agreement, original record, photographs and correspondence.
- On collection, check the recipient and record condition before departure.
- If there is a discrepancy, document its specific features and discovery date.
- Separate return of the car from payment, damage or loss disputes. Liability requires a separate assessment of the facts and applicable rules.
The location should also be consistently disclosed in asset records: see the individual’s property inventory.
Frequently asked questions
Can custody prevent the car’s sale?
Not by itself. It governs safekeeping and return. Ownership and grounds for exclusion from the estate require separate examination.
Can the car be delivered to a relative?
Family ties do not replace authority or records. During asset realisation, arrangements concerning an estate vehicle require the administrator’s participation, rather than the debtor’s personal arrangement.
Do the keys give permission to drive?
No. Article 892 requires consent, apart from preservation use that is necessary and consistent with the agreement.
Must the administrator pay every invoice?
There is no automatic conclusion. Review the contract’s basis, authority, agreed terms, actual period, services and payment arrangements.
Primary sources
- Civil Code Article 886 — custody.
- Article 887 — form.
- Article 892 — use.
- Article 900 — return.
- Bankruptcy Law Article 213.25 — authority in asset realisation.
Need to review a car custody arrangement?
We can examine authority, the agreement, records, use conditions and charges in light of your role in the case.
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